, in
some slates three, attending witnesses, in whose presence the testator
must subscribe the will, or acknowledge that he subscribed it, and
declare it to be his last will and testament. If the testator is unable
to sign his will, another person may write the testator's name by his
direction; but he should sign his own name as witness to the will.
Sec.6. A testator may revoke or alter his will by a later will or writing,
executed in the same manner. But the second will, to revoke the former,
must contain words expressly revoking it, or directing a different
disposal of the property. A will may also be revoked by a sale of the
property. And any alteration of the estate or interest of the testator
in lands devised, is held to be an implied revocation of the will. Lands
purchased after a will has been made, are not conveyed by it. As a
general rule, a will is also revoked by the subsequent marriage of the
testator and birth of a child, unless the wife and child have been
otherwise provided for. The will of an unmarried woman is revoked by her
marriage.
Sec.7. By the statutes of some states, a child born after the death of the
testator, or born in his lifetime and after the making of the will,
inherits a share of the estate, as if the father had died intestate. In
some other states, the statute goes further, and gives the same relief
to all the children who are not provided for in the will, and who have
not had their portion in the parent's lifetime.
Sec.8. A _codicil_ is an addition or a supplement to a will, and must be
executed with the same solemnity. It is no revocation of a will, except
in the precise degree in which it is inconsistent with it.
Sec.9. After the death of a testator, the will is brought before the court
of probate to be proved. (Chap. XX, Sec.5.) When a will has been duly
proved and allowed, the court issues letters testamentary to the
executor. An _executor_ is a person named in the will of a testator to
carry the will into effect. _Letters testamentary_ give him the power to
act in settling the estate of the deceased. If he refuses to act, or is
not lawfully qualified, the court appoints a person, who, in that case,
is called _administrator_; and the court issues _letters of
administration_ with the will annexed. Letters of administration are
also issued in case of a person dying intestate. They give to the
administrator the requisite authority to settle the estate.
Sec.10. Taking property
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